The Battle over Security Exceptions before the ICJ and WTO Panels: towards a Converging Posture?

Abstract In recent times, the ICJ as well as WTO Panels have been called upon to adjudicate disputes where the respondent has asserted the existence of essential security interests in order to dismiss the applicant’s claims. This article first examines how the international adjudicators have construed the justiciability and the nature of the essential security exception invoked by the respondent (Section 2). Subsequently, the attention turns to the standard of review exercised by the ICJ and by the WTO Panels on the merits, considering that security exceptions leave open different degrees of judicial control (Section 3). Ultimately, the study purports to understand to what extent the new litigation fronts have contributed to refining the contours of an elusive concept – that of national security – which resides on the brink of law (Section 4).